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Articles and Resources

ArticleAuthor
The Berding & Weil Approach to Managing Defects in Buildings
Why Litigation May Not Be Your First Choice
Why We Try Cases
An Interview with the Trial Attorneys at Berding|Weil
Attorney Fees in California Construction Defect Cases
What Clients Should Know about Fee Contracts, Referral Fees, And Professional Ethics		 Tyler Berding
Get the Facts Out Now!
Early Preparation of a Construction Defect Claim Can Produce Quicker Results		 Lucas Olona
Good Legal Advice or Confidence Game? You Decide Tyler Berding
The Mediator's View
An Interview with Jonathan Margolis		 Tyler Berding
ArticleAuthor
Court Punishes HOA That Files Construction Defect Claim Without Membership Approval Steve Weil
Did You Blow the Statute of Limitations?
The Effect of Title 7 on a Community Association's Right to Sue for Construction Defects		 Tyler Berding
Do We Finally Have an Answer to the Age Old Question: Is the Association liable for damages to a unit when the roof leaks? Steve Weil
New Case Law that Impacts the SB800 Process
Why McMillin Albany is Crucial for Associations		 Kyle Pineo
What You Don't Know
When do Statutes of Limitation begin to run on Construction Claims?		 Tyler Berding
When Your CC&Rs Hate You
Or, How Developer Protections in Governing Documents Work to Block Association Defect Claims
ArticleAuthor
A Wakeup Call
Failed Balcony Railing Causes near Fatal Injuries		 Tyler Berding
The Berkeley Balcony Tragedy
More Inspections Aren't Enough		 Tyler Berding
Hidden Damage
Life, Death, and Legislation?		 Tyler Berding
Left Holding the (Sand) Bag
Who Will Pay for the Damage Caused by Rising Sea Levels? It Could be Your Homeowners Association!		 Tyler Berding
The Peril of Hidden Damage in a Community Association
How Do You Fix It, What Happens If You Can't?		 Tyler Berding
The Peril of Hidden Damage in a Community Association - Part 2
What if the Cost of Repair exceeds all Expectations?		 Tyler Berding
ArticleAuthor
The Condo Conversion Budget
How do you learn the Truth?		 Tyler Berding
Condominium Conversion
Old Apartment or New Development?		 Tyler Berding
Negligent Condo Conversion?
Is the Converter Liable for Failing to Properly Assemble the Parts of a New Community?		 Tyler Berding
The Soft-Story Problem and Earthquake Safety Tyler Berding
Why Build Houses in Shopping Centers?
Missed Opportunities in Applying California's Housing Law		 Tyler Berding
ArticleAuthor
Transition From Developer to Owner Control Made Easy (Easier) Steve Weil
Berding|Weil's Guide to Community Association Transition
Keys to a Community Association's Successful Transition from Developer Control to Homeowner Governance.		 Dan Rottinghaus and Paul Windust
ArticleAuthor
The Myth of Public Agency protection in the Building Permit Process
Surety Bonds
Protection for the Owner Before the Work Starts		 Dan Rottinghaus
ArticleAuthor
Firestop Materials Attack Sprinkler Pipes! Kyle Pineo
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Disaster! No reserves. No Insurance.
What's Left if a Natural Disaster Destroys a Community Association?		 Tyler Berding and Steve Weil
Landslides: Nuisance or Construction Defect? Tyler Berding
The Oakland Hills Fire of 1991
Dena Cruz's Experience Through Losing Her Home in the Fire.		 Dena Cruz
The Soft-Story Problem and Earthquake Safety Tyler Berding
ArticleAuthor
Authorizing Action in the Face of Homeowner Association Apathy or Paralysis
Judicial Rescue for Governing Document Amendments, Loans and Quorums		 Steve Weil
Community Association Decision Making
Who Decides — The Board, the Members or the Legislature?		 Steve Weil
Court Whacks Directors with a $500,000 Attorney Fee Award! Steve Weil
Directors Gone Wild! Steve Weil
Exposed!?
What protects an individual homeowner from a big judgment against her community association?		 Tyler Berding
Go Ahead and Use Email: It's an Emergency…
Implementing CID Open Meeting Act Limitations in 2012 and Beyond		 Steve Weil
Judging Directors
How Courts Throughout the Nation Evaluate Board and Association Decision Making and How to “Bullet-Proof” Those Decisions		 Steve Weil
Judicial Deference Revisited
When Will A Court Second-Guess A Board's Decisions?
Hate Rules Enforcement by your Community Association?
Get with your neighbors and vote it out!		 Tyler Berding
New Mandatory Disclosure Requirements for Community Managers
Step Away From that Computer! Before you send another Email
Read How New Legislation Restricts Board Procedure, Executive Sessions, Emergency Meetings, Discussions and Decisions		 Sandra Bonato
Understanding Board Decisions and Judicial Deference
Two Recent Appellate Cases Illustrate When A Court Will Defer To The "Business Judgment" Of A Board of Directors		 Andrew Baugh
Virtually Legal Technology and its Impact on Association Operations Steve Weil
What Happens When Boards Violate Davis-Stirling?
And Is There Such a Thing as “Condo Police?”		 Steve Weil
When "Absolute" Is Not
Does an Association Director have an Absolute Right to Inspect Association Records?		 James Devereaux
Who Do You Trust?
The Essential Ingredient in Effective Management of Community Associations		 Tyler Berding
Who's the Client? James Devereaux
Why Members Don't Care Tyler Berding
Why Won't They Serve?
Homeowners won't volunteer for boards of directors of community associations — another nail in the coffin?		 Tyler Berding
ArticleAuthor
Governing Document and Statutory Provisions Concerning Fiduciary Duty
Making Ends Meet
Fiduciary Duty on a Limited Budget		 Steve Weil
ArticleAuthor
A Check on Board Power
The Common Interest Development Open Meeting Act		 Steve Weil
A Funny Thing Happened on the Way to the Meeting
Or, When is a Homeowner's Association like Wisconsin?		 Steve Weil
Embracing the New Board Meeting Agenda Law Steve Weil and Sandra Bonato
ArticleAuthor
Ten Things You Need to Know About the New Records Law
ArticleAuthor
Assessment Collection in an Economic Crisis Paul Windust
Assessment Laws Focus Attention on Association Assessment Collection Policies and Procedures Sandra Bonato and Steve Weil
Did You Record That Judgment?
Tips on Maintaining the Critical Priority of your Foreclosure Judgment		 Paul Windust
Don't Publish the Names of Owners who Haven't Paid Their Assessments Steve Weil
Small Claims Court
The Assessment Collection Alternative		 Paul Windust
The What and How of Personal Reimbursement Assessments and Collection Steve Weil
ArticleAuthor
E-Delivery of Budget Packages???!!
Yes, a Brand New Law Says Associations Can!		 Sandra Bonato
Making Ends Meet
Fiduciary Duty on a Limited Budget		 Steve Weil
ArticleAuthor
Bankruptcy Won't Work
Why There's No Protection for Members When Community Associations "Go Broke"		 Tyler Berding and Sandra Bonato
Community Associations in the 21st Century
Using Technology to Beat the Recession		 Steve Weil
Getting from Underfunding, Decay and Community Free-Fall to Funding, Repair and Care Free Condo Living Steve Weil
The Great Foreclosure Debate
Should Community Associations use Alternatives to Foreclosure to Protect Their Cash Flow?		 Tyler Berding
Mandatory Funding?
The Board's Decision to Fund a Community Association is not Discretionary in California Boards and Directors		 Tyler Berding
No Right to Refuse Payment Tyler Berding
Ponzi Scheme?
Cities are going bankrupt because they didn't adequately project their funding needs into the future—will community associations be next?		 Tyler Berding
Staying In or Selling Out? Tyler Berding
What happens When a Community Association Fails?
Does the experience in Florida presage the future for California?		 Tyler Berding
Your Association is Broke
What Bills do you Pay When the Cash Runs Out?		 Tyler Berding
ArticleAuthor
Borrowing From Reserves
A Primer From California Law		 Sandra Bonato
Do Community Associations have Service Lives?
...and what happens if they do?		 Tyler Berding
Is Reserve Funding Mandatory?
Can an Association Legally defer the funding of Reserves Necessary for Repairs and Renovations?		 Tyler Berding
Look Closer. Or Else!
Older Community Associations Need Better Inspections to Avoid Financial Failure		 Tyler Berding
When Condos Become Obsolete
What Determines the Life of a Common Interest Development?		 Tyler Berding
ArticleAuthor
A Deal Is A Deal
There are Consequences When a Member Fails to Correct a Violation After a Settlement Agreement
And Justice For All
How and Why to Provide Meaningful "Notice" and an "Opportunity to be Heard" to Members of a Community Association		 Steve Weil
The Contractual Community
Why Community Associations Are Not "Governments"		 Tyler Berding
Governing Document and Statutory Provisions Concerning Fiduciary Duty
Killer Weed in the Common Area?
How do Boards of Directors deal with the use of Medical Marijuana in Community Associations?		 Paul Windust
The Politics and Psychology of Amending Governing Documents Steve Weil
Rental Restrictions
Salvation or Salvo?		 Steve Weil
Suspension of a Homeowner Association's Corporate Status
It's Not "Just a Technicality"
Waiting For Godot?
Should Associations Defer Updating Governing Documents to See What the Legislature Is Going to Do About the Davis-Stirling Act?
ArticleAuthor
CC&R Enforcement
The Five Most Important "Don'ts" You Need To Know		 Steve Weil
Enforcement of Pet Restrictions Steve Weil
Parking Wars!
Community Association Parking Regulation on Private and Public Streets
Upstairs, Downstairs
Strategies for Dealing with Noise Disputes		 Paul Windust
ArticleAuthor
Davis-Stirling Common Interest Development Act
ArticleAuthor
The Contractual Community
Why Community Associations Are Not Governments and Why That Matters		 Tyler Berding
It's Your Neighbors, Stupid
Who, Not What, is a Homeowners Association?		 Tyler Berding
The Risks of Delegating Infrastructure Maintenance to Community Associations
Community Associations, Hazard Mitigation, and Development Regulation		 Tyler Berding
ArticleAuthor
The Affordable Housing Myth Tyler Berding
Getting Sober in the New Economy
Are Rentals a Better Solution for Affordable Housing?		 Tyler Berding
Hang Together or Hang Separately?
Selling a Distressed Common Interest Development as a Single Parcel — Is Partition an Alternative to losing it to Individual Foreclosures?		 Tyler Berding
When Market Value Slips Out the Back Door Tyler Berding
ArticleAuthor
Aging in Place — A New Plan for the Suburbs?
Could Older Common Interest Developments Become Part of More Livable, Less Car-Dependent Communities?		 Tyler Berding
Predicting the Future of Community Associations
An Outline for the Next 50 Years		 Tyler Berding
Private New Towns
A Promising Concept Saddled with an Old Problem		 Tyler Berding
The Uncertain Future of Common Interest Developments Tyler Berding
Will the (Old) Suburbs Become the (New) Urban Core?
A New Role for Older Community Associations?		 Tyler Berding
ArticleAuthor
A Road Paved with Good Intentions
Addressing Unintended Consequences of New Public Assembly Laws Affecting Homeowner Associations
California Coastal Cities' Lone Fight for Short Term Ordinances and its Impact on Homeowner Associations
First Thing We Do, Let's Ban All the Bloggers!
All speech is not necessarily objective or persuasive		 Tyler Berding
How the Law Fails Condo Owners Tyler Berding
Needed: A 500 pound Gorilla Tyler Berding
Planning For The Future
The Restated Davis-Stirling CID Act		 Sandra Bonato
SB 150 and Rental Restrictions
What Does It Really Mean for Associations?		 Sandra Bonato
Stay-Not Pay? That Is the Question!
How the Goudelock Decision Impacts Owners, HOAs, and Foreclosing Lenders
Who's Minding the Store?
State Regulators are Asleep at the Switch		 Tyler Berding
Why are Common Interest Developments not on Party Platforms? Tyler Berding

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